The International Commission of Jurists (ICJ) strongly condemns the decision of the SecondCriminal Court of Damascus to convict Mr. Muhannad Al-Hasani, ICJ Commissioner and prominent Syrian lawyer and human rights defender, sentencing him to three years imprisonment. He was arrested on 28 July by officers of the Syrian General IntelligenceService and formally charged by an Investigating Judge on 12 October 2009 for “weakening national sentiments and encouraging racist and sectarian feelings”, and “transferring false and exaggerated news that weaken national sentiments” under Articles 285, 286 and 287 of the Penal Code.

"The trial of Mr. Al-Hasani before the Second Criminal Court of Damascus was a summary trial which failed to meet international standards of due process,” said Wilder Tayler, ICJ Secretary General. “The President of the Court denied all defence witnesses from giving evidence and did notrequire the prosecution to present any credible evidence to support the accusations against Mr. Al-Hasani,” Tayler added.

Convicting Al-Hasani for the charges arising from his observation and reporting on opentrials of the State Security Court, and his activities as President of the Syrian Organisation forHuman Rights, amount to punishment for the exercise of his legitimate right to freedom ofexpression and association, and his professional conduct as a lawyer.

“From the outset and during the hearings, Mr. Al-Hasani was presumed guilty and the burden of proof was placed on him not on the prosecution, ”said Tayler. “His right to present evidence, to examine and cross-examine witnesses was also denied,” he added.

Since 28 July 2009 Mr. Al-Hasani has been detained in jail, during which time his lawyerswere not allowed to meet him without prior authorization from the Syrian Bar Association, anon-independent organization under the control of the Syrian authorities. On a number ofoccasions they were refused permission to meet with him.

“The decision of the Criminal Court is final and can only be challenged before the CassationCourt on procedural grounds,” said Wilder Tayler. Limiting the appeal to proceduralgrounds in this case violates Mr. Al-Hasani’s right to appeal, constituting a further violationof the guarantees to a fair trial” Tayler added.

“The Syrian authorities must abide by their obligations under international law and immediately and unconditionally release Mr. Al-Hasani,” Tayler concluded.

For more information, please contact Saïd Benarbia, Middle East & North Africa Legal Adviser, + 41765883362